KPK rejects the return of Serb prosecutors, lawyer Halilaj breaks down the constitutional arguments of the decision

On Tuesday, July 20, the Kosovo Prosecutorial Council rejected the request of 5 prosecutors and 15 other employees of the Basic Prosecution in Mitrovica, who sought the annulment of resignations given in November 2022, as part of the mass abandonment of institutions by the Serb community.

Following this decision, the acting president, Albulena Haxhiu, announced yesterday that she has signed the decree for the official dismissal of seven prosecutors from this community, thus implementing the Council’s act.

To clarify the legal basis of this step, lawyer Gazmend Halilaj, in a statement to “Bota sot”, stressed that the KPC decision is based on the fundamental principles of the legal system.

Focusing on the legal dimension of the matter, he underlined that a voluntary resignation act carries inevitable and clear legal consequences.

“The refusal of the request by the Prosecutorial Council for the withdrawal of the 2022 resignations must be read in the lens of legal principles and institutional functionality, and not as a political issue,” Halilaj said.

He further clarified that, from a legal perspective, resignation constitutes a conscious act with immediate effects. Once the document is accepted and takes legal effect, returning to the previous position does not constitute an acquired right, but depends entirely on the legal framework and the assessment of the decision-making authority.

Referring to the political background of the departure, Halilaj asserted that even motives of that nature do not diminish the legal weight of the act, since its consequences must be respected within state norms.

Regarding the possibility of reintegration, he described the only possible path for the former prosecutors.

“The justice system rests on legal certainty, independence, and functional continuity. Allowing the annulment of resignations several years later, after their real effects have taken hold, would create a climate of uncertainty and a harmful precedent for the stability of the entire mechanism,” he argued.

The lawyer added that institutional accountability is essential in exercising state functions. According to him, regardless of circumstances, any departure from duty finds its own consequence in positive rules, and these consequences are binding. The only way back remains through regular recruitment competitions, in accordance with legislation and the principle of equality.

In conclusion, Halilaj confirmed that the act of the Prosecutorial Council serves precisely to protect the legal order. Relying on these pillars – legal security, accountability, and the integrity of justice – the KPC’s decision aims for institutional consolidation and the overall stability of the system.